On May 20, 2025, the American Bar Association released Formal Opinion 523 which addresses provisions in engagement agreements with clients, such as prohibitions on recording conversations, posting to social media, or using artificial intelligence. Former Virginia State Bar Ethics Counsel Jim McCauley weighed in on this opinion and provided insight for an article published by Virginia Lawyers Weekly on said opinion. Jim is quoted saying the “ABA Formal Opinion 523 explains and expands on one of the permissive withdrawals a lawyer can use to terminate representation of a client”. Jim further compares the Opinion 523 to that of Virginia’s Rule 1.16 which similarly has an identical permissive withdraw provision.
A client that consistently fails to respond to the lawyer’s communications, fails to be available for meetings, conferences or hearing dates, or ignores requests for information to comply with the opposing party’s discovery request may be terminated under this rule
even if the agreement is silent on those issues.
